NEW DELHI: The Centre told Supreme Court Thursday that diluting the age of consent from 18 to 16 years would make young girls vulnerable to predators within and outside their family but conceded courts could exercise judicial discretion to determine whether an alleged 'rape' was actually adolescent romance warranting leniency.
The Centre said, "Diluting age of consent or introducing exceptions in the guise of adolescent romance would not only be legally unsound but also dangerous, as it would provide a defence mechanism even to those abusers who exploit the child's emotional dependence or silence."
No intention to bring bill in Parl to lower age of consent: Govt
In its written submissions settled by additional solicitor general Aishwarya Bhati, govt said in a minuscule number of cases, where adolescents out of emotional curiosity or mutual attraction, may engage in romantic or physical relationships, courts must carefully scrutinise such instances on a case-by-case basis, using discretion and sensitivity to the facts.
However, the Centre said it has no intention to bring a legislation in Parliament to lower the age of consent. "This judicial discretion, however, is distinct from legislative dilution. The moment the statute begins to generalise such exceptions, it weakens the bright-line protective standard that currently acts as a deterrent and shield for all children," it said.
Attempts to reduce the age of consent under the IPC/BNS was contrary to the legislative intent and undermined the protective object of the provision, as envisaged through the application of the 'mischief rule' of statutory interpretation, it said. The Centre quoted a nearly two-decade-old study by the WCD ministry, which found that 53.2% of children reported facing one or more forms of sexual abuse, and 50% of abusers were persons in positions of trust or authority, such as parents, relatives, neighbours or school staff.
The Centre said, "Diluting age of consent or introducing exceptions in the guise of adolescent romance would not only be legally unsound but also dangerous, as it would provide a defence mechanism even to those abusers who exploit the child's emotional dependence or silence."
No intention to bring bill in Parl to lower age of consent: Govt
In its written submissions settled by additional solicitor general Aishwarya Bhati, govt said in a minuscule number of cases, where adolescents out of emotional curiosity or mutual attraction, may engage in romantic or physical relationships, courts must carefully scrutinise such instances on a case-by-case basis, using discretion and sensitivity to the facts.
However, the Centre said it has no intention to bring a legislation in Parliament to lower the age of consent. "This judicial discretion, however, is distinct from legislative dilution. The moment the statute begins to generalise such exceptions, it weakens the bright-line protective standard that currently acts as a deterrent and shield for all children," it said.
Attempts to reduce the age of consent under the IPC/BNS was contrary to the legislative intent and undermined the protective object of the provision, as envisaged through the application of the 'mischief rule' of statutory interpretation, it said. The Centre quoted a nearly two-decade-old study by the WCD ministry, which found that 53.2% of children reported facing one or more forms of sexual abuse, and 50% of abusers were persons in positions of trust or authority, such as parents, relatives, neighbours or school staff.
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